Hello, If easements are shown on a recorded plat and you are creating a record of survey for the purpose of splitting one of the lots on said plat....is it necessary to show all easements or can you cite them per the plat? Thanks, Paul
Hi Paul,
in the past (I haven't done plats in a while) I showed all easements that affected the area of interest - in this case the parent lot. I visualize the plat as a small scale view of the parent lot with possibly an inset showing the original subdivision with the subject lot highlighted. The inset shows no detail but the parent lot shows all easements with extension lines going out a short distance. Hope this makes sense.
The purpose of a plat is to communicate and clarify the legal situation on the ground - a picture is worth.....
Be aware that any easement on a lot may also become an easement for one or both parts of the lot against the other part. That should be explained on your plat. It may even be necessary to create a new or cross easement.
Also be aware that a plat may call for easements along the perimeter of lots, usually drainage and utility and the wording on the plat may require new easements be created along the new lot perimeter lines.
Paul in PA
My rule is that if I know about it, it gets put on my map. I wouldn't want to be in the expert witness seat and be asked why I didn't.
I require a title report for all subdivisions and most surveys. Reference to that report and the items listed in it are added to the surveyor's notes.
rlshound, post: 324462, member: 6800 wrote: Hello, If easements are shown on a recorded plat and you are creating a record of survey for the purpose of splitting one of the lots on said plat....is it necessary to show all easements or can you cite them per the plat? Thanks, Paul
The mere citation of any recorded documet is legally sufficient, it "pulls" everything in the cited document into the new one.
That being said, I like to show all that I can on a resurvey map.
geonerd, post: 324471, member: 8268 wrote: Hi Paul,
in the past (I haven't done plats in a while) I showed all easements that affected the area of interest - in this case the parent lot. I visualize the plat as a small scale view of the parent lot with possibly an inset showing the original subdivision with the subject lot highlighted. The inset shows no detail but the parent lot shows all easements with extension lines going out a short distance. Hope this makes sense.
The purpose of a plat is to communicate and clarify the legal situation on the ground - a picture is worth.....
Thanks Geonerd, it makes sense....your visually citing the existing information...Thanks Again
Jim in AZ, post: 324599, member: 249 wrote: The mere citation of any recorded documet is legally sufficient, it "pulls" everything in the cited document into the new one.
That being said, I like to show all that I can on a resurvey map.
Hello Jim, Thanks that confirms what I thought was the rule....thanks for your input, Paul
Daniel Ralph, post: 324549, member: 8817 wrote: My rule is that if I know about it, it gets put on my map. I wouldn't want to be in the expert witness seat and be asked why I didn't.
I require a title report for all subdivisions and most surveys. Reference to that report and the items listed in it are added to the surveyor's notes.
Hello Daniel, I spoke with another surveyor today who follows the same practice as you....requiring the title report... Thanks for your advice, Paul
Paul in PA, post: 324475, member: 236 wrote: Be aware that any easement on a lot may also become an easement for one or both parts of the lot against the other part. That should be explained on your plat. It may even be necessary to create a new or cross easement.
Also be aware that a plat may call for easements along the perimeter of lots, usually drainage and utility and the wording on the plat may require new easements be created along the new lot perimeter lines.
Paul in PA
Hello Paul, the plat does show utility, landscape and sidewalk easements along the perimeter as well as electrical easements running through the full length...for this record of survey I will include all...Thanks for your help....Paul
In Oregon if you are doing a land division like you describe, the law requires all existing easements to be shown. Some, like non specific blanket easements that can't be retraced, are cited somewhere on the face of the plat.